minority rule (Rhode Island) · Go Syfert
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minority rule in Rhode Island

7 Rhode Island opinions name it 1 courts 1970–2013 0 in the last five years

The cases below were cited by Rhode Island courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

CaseFollowedCited
O'Coin v. Woonsocket Institution Trust Co.green
ri · 1988 · cited in 1 Rhode Island opinions naming this issue, 2013–2013
2 sentences

2013In O’Coin v. Woonsocket Institution Trust Co., 535 A.2d 1263, 1267 (R.I.1988), we stated that, under a rule adopted by ¿ majority of jurisdictions, the testimonial privilege protects a witness's testimony if the statements are both material and relevant, whereas the minority rule grants "a witness an unconditional privilege regarding testimony given." While in O'Coin, we recognized that a testimonial privilege exists in Rhode Island, we declined to address the scope of that privilege because the testimony at issue in that case was protected under both the broad minority rule and the narrower m

2013Id.

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LaFreniere v. Spraguegreen
ri · 1970 · cited in 1 Rhode Island opinions naming this issue, 2001–2001
2 sentences

2001In LaFreniere v. Sprague, 108 R.I. 43, 50-51 , 271 A.2d 819, 823 (1970) and Paquin v. Guiorguiev, 117 R.I. 239, 243 , 366 A.2d 169, 171 (1976) this Court rejected the minority rule that an adverse possessor must have entered upon a private landowner’s property with a specific, self-conscious knowledge that such possessor's own conduct was adverse to another’s ownership interest.

2001In LaFreniere v. Sprague, 108 R.I. 43, 50-51 , 271 A.2d 819, 823 (1970) and Paquin v. Guiorguiev, 117 R.I. 239, 243 , 366 A.2d 169, 171 (1976) this Court rejected the minority rule that an adverse possessor must have entered upon a private landowner’s property with a specific, self-conscious knowledge that such possessor's own conduct was adverse to another’s ownership interest.

11
Burke-Tarr Company v. Ferland Corporationgreen
ri · 1999 · cited in 1 Rhode Island opinions naming this issue, 2001–2001
1 sentence

2001See G.L. 1956 § 34-7-1; see also Burke-Tarr Co. v. Ferland Corp., 724 A.2d 1014, 1020 (R.I.1999); Jerry Brown Farm Association, Inc. v. Kenyon, 119 R.I. 43, 48-49 , 375 A.2d 964, 967 (1977). [4] In LaFreniere v. Sprague, 108 R.I. 43, 50-51 , 271 A.2d 819, 823 (1970) and Paquin v. Guiorguiev, 117 R.I. 239, 243 , 366 A.2d 169, 171 (1976) this Court rejected the minority rule that an adverse possessor must have entered upon a private landowner's property with a specific, self-conscious knowledge that such possessor's own conduct was adverse to another's ownership interest. [5] This situation may

11
Jerry Brown Farm Ass'n, Inc. v. Kenyongreen
ri · 1977 · cited in 1 Rhode Island opinions naming this issue, 2001–2001
2 sentences

2001See G.L. 1956 § 34-7-1; see also Burke-Tarr Co. v. Ferland Corp., 724 A.2d 1014, 1020 (R.I.1999); Jerry Brown Farm Association, Inc. v. Kenyon, 119 R.I. 43, 48-49 , 375 A.2d 964, 967 (1977). [4] In LaFreniere v. Sprague, 108 R.I. 43, 50-51 , 271 A.2d 819, 823 (1970) and Paquin v. Guiorguiev, 117 R.I. 239, 243 , 366 A.2d 169, 171 (1976) this Court rejected the minority rule that an adverse possessor must have entered upon a private landowner's property with a specific, self-conscious knowledge that such possessor's own conduct was adverse to another's ownership interest. [5] This situation may

2001See G.L. 1956 § 34-7-1; see also Burke-Tarr Co. v. Ferland Corp., 724 A.2d 1014, 1020 (R.I.1999); Jerry Brown Farm Association, Inc. v. Kenyon, 119 R.I. 43, 48-49 , 375 A.2d 964, 967 (1977). [4] In LaFreniere v. Sprague, 108 R.I. 43, 50-51 , 271 A.2d 819, 823 (1970) and Paquin v. Guiorguiev, 117 R.I. 239, 243 , 366 A.2d 169, 171 (1976) this Court rejected the minority rule that an adverse possessor must have entered upon a private landowner's property with a specific, self-conscious knowledge that such possessor's own conduct was adverse to another's ownership interest. [5] This situation may

11
Paquin v. Guiorguievgreen
ri · 1976 · cited in 1 Rhode Island opinions naming this issue, 2001–2001
2 sentences

2001In LaFreniere v. Sprague, 108 R.I. 43, 50-51 , 271 A.2d 819, 823 (1970) and Paquin v. Guiorguiev, 117 R.I. 239, 243 , 366 A.2d 169, 171 (1976) this Court rejected the minority rule that an adverse possessor must have entered upon a private landowner’s property with a specific, self-conscious knowledge that such possessor's own conduct was adverse to another’s ownership interest.

2001In LaFreniere v. Sprague, 108 R.I. 43, 50-51 , 271 A.2d 819, 823 (1970) and Paquin v. Guiorguiev, 117 R.I. 239, 243 , 366 A.2d 169, 171 (1976) this Court rejected the minority rule that an adverse possessor must have entered upon a private landowner’s property with a specific, self-conscious knowledge that such possessor's own conduct was adverse to another’s ownership interest.

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Ratte v. Rattegreen
mass · 1927 · cited in 1 Rhode Island opinions naming this issue, 1998–1998
2 sentences

1998See, e.g., Lopez v. Lopez, 90 So.2d 456, 458-59 (Fla.1956) (holding that surviving spouse was not entitled to contribution from deceased spouse’s estate of sum equal to one-half of balance due on two purchase money mortgages and notes executed by both parties on land held by them as tenants by the entirety; emphasizing that because interest of decedent in property ceases at death, it would be “unconscionable and inequitable” to hold decedent responsible for part of purchase price thereof that was unpaid at death); Ratte v. Ratte, 260 Mass. 165 , 156 N.E. 870, 871 (1927) .(holding that survivin

1998See, e.g., Lopez v. Lopez, 90 So.2d 456, 458-59 (Fla.1956) (holding that surviving spouse was not entitled to contribution from deceased spouse’s estate of sum equal to one-half of balance due on two purchase money mortgages and notes executed by both parties on land held by them as tenants by the entirety; emphasizing that because interest of decedent in property ceases at death, it would be “unconscionable and inequitable” to hold decedent responsible for part of purchase price thereof that was unpaid at death); Ratte v. Ratte, 260 Mass. 165 , 156 N.E. 870, 871 (1927) .(holding that survivin

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Lopez v. Lopezgreen
fla · 1956 · cited in 1 Rhode Island opinions naming this issue, 1998–1998
1 sentence

1998See, e.g., Lopez v. Lopez, 90 So.2d 456, 458-59 (Fla.1956) (holding that surviving spouse was not entitled to contribution from deceased spouse’s estate of sum equal to one-half of balance due on two purchase money mortgages and notes executed by both parties on land held by them as tenants by the entirety; emphasizing that because interest of decedent in property ceases at death, it would be “unconscionable and inequitable” to hold decedent responsible for part of purchase price thereof that was unpaid at death); Ratte v. Ratte, 260 Mass. 165 , 156 N.E. 870, 871 (1927) .(holding that survivin

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Rhode Island. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Weaks v. Weaks green
mo · 1991
1 sentence

1993The Missouri court in Weaks went even further and pronounced that the minority rule requiring the petitioner to seek a modification in order to get a credit “is harsh and unjust.” Id.

11993–1993
Harding v. Carr green
ri · 1951
1 sentence

1972I. 32, 83 A.2d 79 (1951), overruled Brierly v. Union R.R., supra. There is little doubt that the Harding case reflects the minority rule referred to by the text writer, Moore, who indicated approval of the reasoning underlying that rule.

11972–1972
Church v. Town of Islip green
ny · 1960
2 sentences

1972The State of New York follows the minority rule, and in Church v. Islip, 8 N.Y.2d 254 , 168 N.E.2d 680 , 203 N.Y.S.2d 866 (1960) the court of appeals, while recognizing that ''[a] 11 legislation 'by contract’ is invalid in the sense that a Legislature cannot bargain away or sell its powers,” nonetheless announced that it would deal "with actualities, not phrases.” Id. at 259 , 168 N.E.2d at 683 , 203 N.Y.S.2d at 869 .

1972The State of New York follows the minority rule, and in Church v. Islip, 8 N.Y.2d 254 , 168 N.E.2d 680 , 203 N.Y.S.2d 866 (1960) the court of appeals, while recognizing that ''[a] 11 legislation 'by contract’ is invalid in the sense that a Legislature cannot bargain away or sell its powers,” nonetheless announced that it would deal "with actualities, not phrases.” Id. at 259 , 168 N.E.2d at 683 , 203 N.Y.S.2d at 869 .

11972–1972
Brierly v. Union Railroad Company green
ri · 1904
1 sentence

1972I. 32, 83 A.2d 79 (1951), overruled Brierly v. Union R.R., supra. There is little doubt that the Harding case reflects the minority rule referred to by the text writer, Moore, who indicated approval of the reasoning underlying that rule.

11972–1972
Corbett v. Skaggs green
kan · 1922
1 sentence

1970While the rule enunciated in Corbett v. Skaggs, supra, may be classified as the minority rule, it represents in our opinion a progressive minority.

11970–1970

Where else courts name it

WA 44 (1920–2021) CA 41 (1922–2023) VT 33 (1940–2025) TN 30 (1917–2018) TX 28 (1922–2023) VA 25 (1918–2024) OR 25 (1921–2021) OK 24 (1922–2006) AZ 23 (1946–2023) MI 22 (1927–2023) AR 22 (1923–2006) CO 22 (1897–2021) MD 22 (1960–2013) IL 20 (1903–2017) AL 20 (1913–2012) NJ 20 (1950–2009) MO 20 (1928–2018) FL 19 (1943–2015) WV 19 (1910–2023) IA 19 (1926–2018) ID 19 (1932–2019) WI 17 (1928–2017) SD 17 (1918–2015) NY 17 (1934–2010) MT 16 (1917–2023) KS 16 (1904–2017) DE 16 (1950–2026) OH 15 (1923–2015) NM 15 (1916–2000) LA 15 (1933–2019) SC 14 (1932–2025) KY 13 (1923–2021) AK 13 (1979–2024) MS 13 (1930–2019) CT 11 (1924–2025) UT 10 (1924–2008) ME 9 (1956–2022) PA 9 (1942–2015) NC 9 (1945–2009) HI 8 (1961–2025) DC 8 (1970–2015) IN 8 (1947–2000) WY 7 (1954–2019) NE 7 (1961–2002) NH 7 (1930–2009) RI 7 (1970–2013) VI 6 (1986–2016) ND 5 (1954–2011) GA 5 (1933–2003) NV 5 (1921–2007) MA 4 (1959–2006) MN 3 (1985–2011) PR 3 (1947–1955) GU 2 (2023–2024)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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